Traffic Violations: Can A Lawyer Get Them Expunged?

Traffic violations can have long-term impacts on your driving record and your life, affecting your credit, access to housing, and employment. While expungement can be a feasible solution to clear your driving record, the process and eligibility criteria vary by jurisdiction. In some states, expungement is only available for criminal convictions, while in others, certain traffic violations may also be eligible for expungement. Consulting a lawyer can help determine the possibility and process of expunging a traffic violation, as they can provide personalized guidance and increase the chances of a successful petition.

State-specific expungement laws

The laws and procedures for expunging traffic violations from a driving record vary from state to state in the US. While some states allow for the expungement of certain traffic violations, others do not. Here is a breakdown of some state-specific expungement laws:

California, Texas, and Ohio

In these states, expungement procedures are typically available only for criminal convictions and not for minor traffic infractions such as speeding or running a stop sign. However, more serious driving-related offenses, such as driving under the influence (DUI) or reckless driving, may be eligible for expungement.

Florida

Florida allows for the expungement of certain traffic violations under specific conditions. Minor traffic violations may be eligible for expungement, while more severe crimes typically cannot be expunged. The eligibility for expungement in Florida is influenced by factors such as the type of offense, the time since the conviction, and the individual's driving record since the offense.

Illinois

In Illinois, only felonies and misdemeanors can be expunged from a driving record. A traffic violation must be classified as a criminal charge to be eligible for expungement. Minor traffic violations, such as speeding or disregarding a traffic signal, cannot be sealed from an individual's driving record.

Utah

Utah has a process for expunging minor traffic violation convictions. There may be a waiting period after the conviction before one can apply for expungement, and expungement might not be available for more serious traffic offenses.

Wisconsin

Although not specific to traffic violations, the state of Wisconsin does have lawyers who specialize in expungement law and can provide guidance on the possibility of expunging a traffic violation from one's record.

Texas

Texas allows for the expungement of certain traffic offenses under specific circumstances. For example, if an individual completes a deferred disposition or probation period, they may be eligible for expungement if the charge is a Class C misdemeanor. Texas law also provides special expungement provisions for traffic offenses committed by minors.

Eligibility criteria for expungement

The eligibility criteria for expungement of a traffic violation depend on the state in which the violation occurred. For example, in California, traffic infractions may be eligible for expungement if the individual has completed all the terms of their sentence, including paying fines and completing traffic school courses. However, in Illinois, only felonies and misdemeanors can be expunged from a driving record. In Florida, the answer is more complex; while traffic tickets are not eligible for expungement, there may be ways to mitigate the consequences or remove them from public view.

Some common eligibility criteria for expungement of a traffic violation include:

• The type of offense: In some states, only certain types of offenses, such as minor traffic violations, are eligible for expungement. More serious crimes may not be eligible.
• Time since conviction: There is often a waiting period after a traffic violation conviction before an individual is allowed to apply for expungement. The length of this waiting period can vary but is typically around one year.
• Driving record since the offense: Having a clean driving record since the offense can improve the chances of qualifying for expungement.
• Prior convictions: Individuals with prior convictions may be ineligible to expunge any new violations.
• Completion of requirements: In some states, individuals may need to complete certain requirements, such as paying fines or attending traffic school, before being eligible for expungement.

Expungement process and requirements

The expungement process and requirements for traffic violations vary depending on the state and the nature of the violation. In some states, like California, Texas, and Ohio, expungement procedures are only available for criminal convictions and not minor traffic infractions such as speeding or running a stop sign. However, in other states, it is possible to expunge certain minor traffic violations from your record. For example, in Utah, there is a process for expunging minor traffic violation convictions.

To find out the specific requirements and process for expungement in your state, it is recommended to consult a local traffic attorney or an expungement lawyer. They can guide you through the process and determine your eligibility. In general, there are a few key steps and requirements for expungement:

• Eligibility: Expungement eligibility depends on factors such as the type of offense, the time since the conviction, and your driving record since the offense. More serious offenses, such as DUIs or reckless driving, may be eligible for expungement, while minor traffic violations may not be in certain states. Additionally, those with prior convictions may be ineligible to expunge new violations.
• Waiting Period: In many cases, there is a waiting period after a traffic violation conviction before you are allowed to apply for expungement. This period can vary but is typically around one year.
• Application: In some states, you can apply for expungement by filling out a standard form, which can often be found online or at the courthouse. The application process may involve gathering relevant documents, including your driving record and any court records related to the violation.
• Hearing: In some states, a hearing before a judge may be required as part of the expungement process. During this hearing, the judge will review the petition for expungement and determine whether to grant it based on the applicable statutes.
• Automatic Expungement: Some states have automatic expungement processes for traffic violations after a certain number of years have passed, typically ranging from one to three years. In these cases, no application or further action is required from the individual.

It is important to note that expungement laws and procedures can be complex and vary by jurisdiction. Consulting a lawyer can help ensure you understand the specific requirements and process for expunging a traffic violation in your state.

Benefits of expunging a traffic violation

The benefits of expunging a traffic violation vary depending on the state in which the violation occurred and the nature of the violation. In some states, only felonies and misdemeanors can be expunged from a driving record, and in others, expungement procedures are only available for criminal convictions, not minor traffic infractions.

However, in states where expungement is an option for traffic violations, there are several potential advantages. Firstly, it can remove points and infractions from your driving record, giving you a clean slate and improving your driving record. This can be particularly beneficial when applying for jobs that require a clean driving record, such as commercial driving or delivery positions. It can also help when applying for insurance, as a clean driving record can lead to lower insurance rates.

Secondly, expungement can reduce the risk of prospective landlords seeing the violation, which could otherwise impact your ability to secure housing. Additionally, in some cases, expungement may be necessary to restore your driving privileges, especially if your license has been suspended due to multiple or serious violations.

Furthermore, seeking legal support from an experienced expungement attorney can increase the likelihood of a successful outcome. They can guide you through the complex process, ensuring that all necessary steps are taken, and may be able to negotiate terms to reduce the impact of the violation on your record. Many law firms offer free consultations to evaluate your eligibility for expungement, which can be a valuable opportunity to understand your options and the potential benefits.

Alternatives to expungement

The availability of alternatives to expungement for traffic violations depends on the state in which the violation occurred. Here are some general alternatives to consider:

Traffic School or Defensive Driving Classes

In some states, eligible drivers can opt for traffic school or defensive driving classes to prevent a ticket from affecting their driving record. Completion of these classes may keep points off your record or even remove the violation entirely. Some states also allow drivers to take these classes preemptively to obtain a point credit that can offset points from future tickets.

Deferral Options

Some states offer deferral options for traffic tickets. Typically, a driver is eligible for a deferral once every seven years. To obtain a deferral, the driver must pay the fine or an administrative fee. If the driver does not receive any new violations within a set period (usually six months to a year), the deferred violation will not appear on their record.

Contesting the Ticket

Fighting a ticket in court and winning is the best way to maintain a clean driving record. If you successfully contest a ticket, your driving record will remain unaffected.

Time-Based Expunge

In certain states, traffic violations are automatically expunged from your record after a specific number of years, with no action required on your part.

Withholding Adjudication

In certain cases, the court may withhold adjudication for a first-time offense, resulting in no formal conviction and the ticket not appearing on your driving record, although it may still be accessible to law enforcement and specific government agencies.

Traffic Ticket Clinic

Completing a court-approved traffic ticket clinic can help prevent points from being added to your license and may assist in avoiding increased insurance premiums.

It is important to note that the eligibility for expungement or alternative options may depend on various factors, including the type of offense, the time since conviction, and your driving record since the offense. Consulting with a local attorney or expungement lawyer can provide clarity on your specific situation and the available alternatives.

Frequently asked questions